2000-1000-Order No. 2000-116 Recorded 11/14/2000VOL: CJ2000 PAGE: 1000
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-1000 * Vol -Page Printed: 11/14/2000 14:50:51
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Nov. 14, 2000; 2:14 p.m.
Order (CJ)
NUMBER OF PAGES: 14
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
y
7HIL-
'�egarCounsel
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DE*0WTlj i C ITi� OREGON
An Order Approving the Findings and Decisions
(M-00-1) Eagle Crest, Inc. Final Master Plant for Eagle * COUNTY CLERK
Crest III pursuant to Peremptory Writ of Mandamus.
ORDER NO. 2000-116
WHEREAS, the Circuit Court of the State of Oregon for Deschutes County has issued a
Stipulated Peremptory Writ of Mandamus directing the Board of County Commissioners to order the
approval of M-00-1 Eagle Crest Inc. Final Master Plan for Eagle Crest III expansion area in an EFU-
SC(DR) zone; and
WHEREAS, the Board having met in special session on Monday, November 13, 2000 to consider
its response to the Stipulated Peremptory Writ of Mandamus, and finding that it is directed to approve the
application; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the application of Eagle Crest Incorporated File No. M-00-1 for approval for a
final master plan for Eagle Crest III expansion area in an EFU-SC(DR) zone as initially approved in the
Findings and Decisions mailed on June 6, 2000, marked Exhibit "1" hereto, is hereby approved in
accordance with the Stipulated Peremptory Writ of Mandamus Case No. OOCV0546AB.
DATED this 13th day of November, 2000.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES777---
"'U&DA
L. SWEA E , Chair
PAGE 1 - ORDER NO. 2000-116 (11/13/2000)
S:V.egaMOCC Orders;�2000 Ordem\2000-116 Eagle Crest Phase m master phn.doc)
_
DENNIS R. LUKE, Commissioner
1.
o
o
C)
TOM DEWOLF, Commission
PAGE 1 - ORDER NO. 2000-116 (11/13/2000)
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FILE NUMBER:
APPLICANT:
PROPERTY OWNER:
REQUEST:
Community Development Department
PlaMN Oimo% - OW" adoty Division • Enviro, Neagh OMsan
117 NWLsfayette Avenue - Bend. Oregon . 97701-1925
(541) 388.6575 • FAX (541) 385.1764
hap://
FINDINGS AND DECISION
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Eagle Crest Inc. D
Post Office Box 1215 70tv&.-
Redmond, OR 97756v.`Eagle Crest Inc.
The applicant is requesting approval of a Final Master Plan
for the Eagle Crest ill expansion area in an EFU-SC (DR)
zone.
STAFF CONTACT: Paul Biikstad, Associate Planner
i. APPLICABLE STANDARDS b CRITERIA:
. Title 18 of the Deschutes County Code, the County Zoning Ordinance.
RECEIVED
JUN 10 2000
GALL JANIK LLP
Chapter IS. IS. Exclusive Farm Use (EFU-SC) zone
Chapter 18.56, Surface Mining Impact Area (SMIA) combining zone
Chapter 18.113, Destination Resorts (DR) zone
It. BASIC FINDINGS:
A. LOCATION: The subject property has no assigned address and is located near
.Cline Buttes west -of Redmond. It is identified on Deschutes County Assessor's
Map#15-12 as tax lot 4800.
B. LOT OF RECORD: The subject property is a legal lot of record pursuant to the
findings in file no.. CU -99-85.
C. ZONING: The property is zoned Exclusive Farm Use — Sisters/Cloverdale
subzone (EFU-SC), with a Destination Resort (DR) and Surface Mining Impact
Area ($MIA) combining zones. It is designated Agriculture by the Deschutes
County Comprehensive Pian.
D PROPOSAL: The applicant is requesting final master plan (FMP) approval for
the Eagle Crest III expansion area.. The applicant has previously received
approval of the conceptual master plan (CU -99-85) for the resort expansion, and
the next step is to apply for FMP approval.
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E. SiTE DESCRIPTION: The subject property is approximately 480 acres and has
a varied topography. It is located in the Cline Buttes area, which has somewhat
level areas and much higher peaks. The property has a vegetative cover of
mature juniper trees and scrub brush, along with some grasses. Access to the
resort expansion property is proposed from a road extending from Eagle Crest it
(the Ridge at Eagle Crest) and also a road extending from Highway 126 to the
north.
F. REVIEW PERIOD: This application was deemed complete and accepted for
review on April 17, 2000. -The 15& day on which the county, must take final
action on this application is September 14, 2000.
G. AGENCY RESPONSE: The Planning Division sent notice of the proposed final
master plan application to several public agencies and received the following
responses:
1. County Road Dwartment: From the perspective of roads/transportation,
the Road Department believes the following conditions need to.be met as
part of the master plan approval:
• The 24 conditions of approval of, CU•99415 are to be met.
• The traffic volumes at the two accesses to this phase, Eagle Crest
111, are to be monitored to see how much traffic is actually going
directly to Highway 126 and how much traffic is traveling through
EC Il to Cline Falls Kighway.
• The overall main road loop system Is well marked and
differentiated from the local roads serving individual housing units
and condominium units.
• Direct access from homes and condominium units is not to be
allowed to the main road loop system of the development.
• The total number of dwelling units is not to exceed 900 total units
unless the master plan is amended to show for a greater density.
• No roads are to exceed a grade of 12% anywhere within the
development.
• The homeowners association or developers are to maintain all
roads and pathways within the development since all such
faciilties are private.
All roads and pathways are to be developed to meet private road
standards with pathways developed to most standard pathway
design criteria.
• As each sub -phase or area of Eagle Crest Ili is designed, all
tentative plats and site plans are to be reviewed by the Road
Department for transportation elements.
• The share of units that are occupied by full time residents and
visitors shall be reviewed to determine if there is a change in this
mixture. (A higher share of full-time residents would generate a
higher number of travel trips per dwelling unit than would part-time
vacation units. Sunriver for example has developed a larger full
time permanent population than originally envisioned.
Overall the master plan seems reasonable as proposed. A pathway is
shown around much of the perimeter of the site, however it doesn't
connect up with anything. Eagle Crest III doesn't have a golf course like
Eagle Crest t and il. What amenities will Eagle Crest ill have such as
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equestrian traits, tennis courts and swimming pools? Such facilities might
tend to reduce motor vehicle trips to Eagle Crest i or Ii.
2. Central Electric Cmerative states: Eagle Crest will be required to
provide the site for and costs of installation of a CEC substation to serve
the additional electrical load, in addition to the required electrical
distribution system for the new project. The tentative site for the
substation has been agreed upon by CEC and Eagle Crest, and is in the
northeast comer of the project. This is an ideal location, as CEC has an
existing transmission line to that corner that can serve the substation site.
The tentative size of the substation parcel to be deeded to CEC is two
acres. In addition, CEC will require ten foot wide public WRY easements
along each side of each road right ttf way as phases develop. This width
may be reconsidered by CEC on a case by case basis per phase.
3. Oregon Health Division states that they, have approved the system water
master plan.
4. Redmond Fire Department states that secondary access is to be
developed before more than 25 single-family units are completed.
Commercial fire flow minimum is 1500 GPM.
5. County Property Address Coordinator: Any and all proposed road names.
shall be reviewed and approved by the Property Address Coordinator
prior to final plat approval.
6. County Assessor. No comments.
7. No response was received from the County .Sheriffs Office, US West
Communications. Redmond School District. Oregon Department of
Environmental Quality, Oregon Department of Fish and Wildlife, Oregon
Department of Transportation, Bureau of land Management, the County
Transportation Planner, and the Central Oregon Park and Recreation
District.
III. CONCLUSIONARY FIND NGS:
A. Chapter 18.16, Excluslve Farm Use (EFUAC) zone.
Section 18.16.035, Destination resorts.
Destination resorts may be allowed where mapped as a conditional
use, subject to all applicable standards of the DR zone.
FINDING: The applicant has previously received approval of a conditional use
permit (CU•99-85) for the conceptual master plan for the Eagle Crest III pr*ct.
The Hearings Officer's decision on this application was originally rendered on
December 2. 1999. The applicant submitted an application for reconsideration of
the decision, and a revised decision by the Hearings Officer was rendered on
January 6, 2000. 'The reconsideration decision modified conditions of approval
nos. 6. 7.8. 13 and 14 of the original decision.
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The proposed destination resort expansion is subject to the DR combining zone
standards and is not subject to the standards under the EFU zone for
development. Consequently, none of the other sections under Chapter 18.16 of
Title 18 are applicable to the proposed final master plan application. .
B. Chapter 18.113, Destination Resorts (DR) zone.
1. Section 18.113.020, Ayplicabikty.
A. The provisions of this chapter shat) apply to proposals for the
development of destination resorts, as defined in this title, In areas
designated DR by the county zoning reaps. The provisions of this
chapter shall not apply to any development proposal In an area
designated OR other than a destination resort
B. When these provisions are applicable, they shall supercede oil other
provisions of the underfldng zone. Other provisions of the zoning
ordinance, made applicable by specific map designations, such as
the SMIA, AN, CH, FP or LM, or otherwise applicable under the terms
of the zoning ordinance text shall remain in full force and effect,
unless otherwise spoofed herein.
C. The provisions of this chapter apply to destination resorts sited
through the Goal 2 exception process.
FINDING: This chapter app8es to the proposed destination resort expansion
area. The County has prevlously determined that the subject 48"cre parcel
was mapped as a destination resort overlay zone. The subject property is
encumbered by a SW oombkft zone. which pertains to surface mining site
no. 252 on the County's surface mining inventory., located directly south and east
of the subject property. The applicant is not siting this destination resort
expansion as part of a Goal 2 exception process.
2. Section 18.113.040. AwVo-etion submiss
B. Final Master Plan. The applicant shall prepare a final master plan
(FMP) which incorporates all requirements of the county approval
for the CMP. The Planning Director shall review the FMP to
determine if It complies with the approved CMP and all conditions of
approval of the conditional use permit. The Planning Director shall
have the authority to approve, deny or retum the FMP to the
applicant .for additional Information. When Interpretations of the
Planning Director Involve Issues which are discretionary, the FMP
approval shall be treated as a land use permit In accordance with
chapter 22 of the County Code.
FINDING: The applicant has prepared a final master plan application which is
required to incorporate all requirements of the CMP issued by the County. The
Planning Division determined that there was enough discretion involved in the
FMP review to treat it as a land use permit in accordance with chapter (title) 22 o -
the County Code. A notice of application was sent out on this FMP application.
and notice of a decision on this application will also be sent out.
3. Section 16.113.090 Requirements for final master plan.
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It shall be the responsibility of the applicant to provide a Final Master Plan
(FRP) which includes text and graphics explaining and illustrating:
A. The use, location, size and design of all important natural features,
open space, buffer areas and common areas;
FINDING: 'The applicant has submitted several drawings with the application,
one of which is titled `Existing Terrain, Easements and Buffers' that shows the
required buffer areas under section 18. 1.1 3.060(G)(2) of Title 18. The important
natural features and open space include these buffer areas, as well as the steep
slopes on and up the butte. There wig also be common areaslopen space areas
within the various phases of the project. These will be designed as each phase
is developed and site specific surveys are completed.
B. The use and general location of all buildings, other than residential
dwellings and the proposed density of .residential development by
location;
FINDING: The applicant has submitted a map entitled `Final Master Plan —
Proposed Utilities System' that states. the areas designated 10 and 11 and 16-18
are designated for future commercial uses. These uses will be limited to those
listed under section 18.113.030 of Title 18 for destination resorts. A majority of
the proposed expansion area will be used for residentialtvacation purposes,
similar to what has occurred In Eagle Crest 11. .
C. Preliminary location of Ali sower, water, storm drainage and other
utility facilities and materials, and specifications and Installation
methods for water and waste water systams;
FINDING: The applicant has submitted the map fisted in 08' above that shows
the locations of the main sewer and water fines for the project. These are to tie
in with the existing utilities serving Eagle Crest 11. The specifications and
installation methods will be similar to what has akeady occurred at Eagle Crest.
Storm drainage is to be similar to what is already occurring in both Eagle Crest 1
and 11, where runoff is accommodated into soil and gravel areas adjacent to
roads and structures.
A Location and widths of all roads, streets, parking, pedestrian ways,
equestrian trails and bike paths;
FINDING: The applicant's maps show the main roads through the project, and
the map described as the final subdivision master plan shows three areas where
more local roads may be located. The streets are required to meet the minimum
standards established in the conceptual master plan approval, with right of way
widths that may vary. Parking wig be accommodated on each dwelling unit site
and in the commercial areas whenrd they are developed. Pedestrian ways/bike
paths will be required on the main roads throughout the project and will typically
be separated from the main vehicular travel surface. The applicant has
requested flexibility in the locations of any equestrian trails. Staff believes that
the equestrian trails can be flexible since they require no real maintenance and
only accommodate horses.
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E. Methods to be employed to buffer and mitigate potential adverse
Impacts on adjacent resource uses and property;
FINDING: The applicant is proposing to utilize as much open space buffer areas
as possible on the project. The subject property is surrounded on four of the six
property boundaries by public land, including the Bureau of land Management
(15-12, tax lots 1504,49W, 1300 and 1500; 15.12-9, tax lot 6JO) and the State of
Oregon (15-12, tax lot 5300). The remaining two property boundaries are
adjacent to the property identified as 15-12, tax tot 4700, a surface mining site.
These areas adjacent to the 480 -acre site have uses that would not require
extensive buffering. The setback requirements listed under section
18.113.b60(G)(2) will allow this public land to be left in a natural state. The
surface mining property w411 likely only be used for mining In the future, until such
time as the resource Is depleted. The applicant may be required to create
buffering for the residential uses as recommended in the noise report submitted
with the application.
F. Building elevations of visitor-orlented Accommodations, recreational
fac///ties and commercial services sufficient to demonstrate the
architectural character of the proposed development.
FINDING: The applicant has not submitted building elevations for the above
referenced uses. However, each one will require site plan review by the County,
which includes reviewing the overall appearance of the structures (architectural
character). The applicant has stated that they have demonstrated a consistent
theme of architecture throughout both of the existing phases I and 11, and the
applicant states that this same style will continue in phase 3. This will include
muted earth tones for exterior colors, preservation of existing trees on site and
low profile buildings. Staff believes that given the existing development at Eagle
Crest, both in Eagle Crest i and 11, the visitor -oriented accommodations,
recreational facilities and the commercial servioas will all have architecturally
pleasing designs. Staff notes that the homeowners and property owners within
the development will receive notice of any proposed site plan applications, and
can have a say in how these facilities are designed.
G A description of ail commercial uses Including approximate size and
floor arse.
FINDING: The applicant has not submitted a specific description of commercial
uses and approximately size and floor area for any commercial uses: The
applicant has indicated that some commercial uses would be constructed in the
Eagle Crest 111 expansion area, as allowed under section 18.113.030(D) of Title
18. Size and floor area would be dependent upon the buildout of the expansion
area. Staff notes that it may be awhile before any real commercial uses are
established in phase 3, using the example of Eagle Crest 1. Eagle Crest 1 was
originally approved in approximately 1983, with numerous land use approvals
occurring over many years. The developer has just recently been granted
approval for a commercial area in EC 1; however, site plan review will be required
before any commercial uses can be constructed. Staff notes that this time period
is 17 years between original approval and the potential commercial development
within the resort. White the phase 3 commercial area may be established much
sooner than that of phase 1, it appears likely that commercial uses in phase 3 will
be several years in the future.
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H. The location of or distance to any emergency medical facilities and
public safety facilities.
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FINDING: The closest medical facilities include hospitals in Redmond
(approximately 5 miles away) and in Send (approximately 20 miles away). Public
safety facilities are not specifically defined in the zoning ordinance.. Staff will
assume for purposes of this review that this listing includes fire and police
protection facilities. The closest fire station appears to be located within the .
Redmond city limits, which is also approximately 6 miles away. Eagle Crest has
an adequate water supply for emergency personnel to fight any structural or
other fires that may occur at the resort. The Sheriffs Office has previously
Indicated that they currently serve the resort and are looking at a possible
satellite station/office in Eagle Crest in the future. The closest sheriffs office to
Eagle Crest is the office on Cascade Street in the City of Redmond.
1. When a phase includes a residential subdivision, a- general layout of
the subdivlaion shall Include the number of lots, minimum and
maximum lot sizes, and approximate location of roadways shall be
Included;
FINDING: The applicant has included a map which demonstrates three types of
subdivision layouts similar to what has been developed within Eagle Crest Ii.
The roads have been shown on these layouts. Lot sizes vary depending on the
type of development proposed. The development Is subject to the maximum
average tot size of 22.000 square feet (section 18.113.Q80(G)(1)), and a
maximum overall density of 900 dwelling units. AN of the 18 proposed phases
could have residential lots.
J. A description of measures taken, with cop/os of dead restrictions,
CC & R's and rental contracts, to Implement the measures Identified
In this chapter assuring that Individually -owned lodging units
considered to be overnight lodgings for at least 45 weeks per
calendar year though a central reservation and check-in service.
FINDING: The applicant has previously submitted information to the conceptual
master plan review process on the declaration of covenants, conditions and
restrictions for the resort. The applicant has confirmed with staff that the resort
has a central reservation and check-in service for over night lodgings.
K A description of measures taken, whh copies of deed restrictions
and a final management plan, to Implement the open space
management plan required by this chapter.
FINDING: The applicant submitted an open space management plan as part of
the conceptual master plan review process. The applicant has indicated that a
continuous open space calculation will be submitted with each subdivision plat.
Each phase may contain common areas or common easement areas, both of
which are to be managed as open space. The open space areas are to remain
in a natural state.
L. The status of all required off-site roadway improvements:
FINDING: The required off-site road improvements for the resort to date have
been completed. This includes the revised Cline Falls Road/Highway 126
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intersection, a northern connection to the Eagle Crest Ii project, and the tum lane
at the main entrance to Eagle Crest 11. Additionally, the applicant has paid into a
fund for the improvements to the Cook Avenue/Highway 20 intersection for the
Eagle Crest it project. The Eagle Crest 111 project requires other road
improvements, including construction of a connecting road between Eagle Crest
11 and 111, and a road connection from Eagle Crest 111 to Highway 126 to the north.
Both of these road improvements win be across land under Bureau of land
Management regulation, and win be installed for development of the .phase iI`
project Additionally, the applicant has signed a memorandum of understandinti
with the Oregon Department of Transportation for the required improvements ;o
State transportation facilities for the phase 111 project.
M. Methods to be employed for managing automobile craft demand,
FINDING: Automobile traffic will be accommodated on the existing
transportation system in the vicinity .of the resort. The existing roads have
adequate capacity for the expected traffic impacts fromthe phase Ill project. The
applicant is required to pay a fair share of the improvements to the Cook Avenue/
Highway 20 intersection as part of the phase 111 approval. The private streets
within the resort appear to have adequate capacity for the existing development,
as evidenced in the traffic impact study submitted as part of the conceptual
master plan application.
N. A copy of a WPCF permit Issued by DEQ consistent with the
requirements of chapter 1a.113.070(t).
FINDING: The applicant has submitted a letter from DEQ dated January 28,
2000 stating that the resort currently has adequate capacity for additional -fiow
Into the system. The two options for future flows are to connect to the City of
Redmond's sewer system, or to construct additional on-site systems on the
resort. There is no guarantee that the on-site system wig be approved.
C. Conformance with the conditions of CU -99-86.
1. This condition states that the approval is based upon the conceptual
master pian. The proposed final master plan Is not substantially different
from what was proposed in the CMP.
2. The final master plan application includes a map entitled `Final
Subdivision Master Plan' that depicts the main roads in the phase 111
project, and shows a trail extending along four of the six sides of the
property. A bicyde/pedesidan path will be required along all of these
main roads. The applicant indicates that all areas shown on the pian (1-
18) will be considered for both residential development and recreational
amenities. A sewage treatment plant is being considered as one
alternative. Either a connection to the City of Redmond's system will be
completed or additional on-site sewage disposal will be constructed. The
on-site areas are shown to be within the Eagle Crest It area. The
applicant has also submitted a drawing entitled `Existing Terrain,
Easements and Buffers" which depicts the existing easements and the
utility line that are on the subject property.
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Conditions 3-5 deal with what standards are applicable for development within
the phase ill project. These conditions will be assured through review of site
plan and subdivision applications required for the development.
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Conditions 6-11 deal with the continuous monitoring that the applicant is required
'to do on an ongoing basis. Conditions 6-8 will require updates to the planning
division on a regular basis. Condition #6 will require reporting of open space with
each subdivision application.
12. A conditional use permit approval will be required for any timeshares in
Phase 111 that are not included in the final master plan or individual
subdivision plats.
13. The interior roads within phase 111 will be subject to the standards under
this condition.
14. The two access roads across BLM land that serve phase III must be
constructed to the County's rural local road standard. BLM granted a
right of way for the applicant to cross BLM land, but did not transfer title of
the property. The right of way issued between Eagle Crest 11 and III is 80
feet wide, and the right of way extending from Eagle Crest III to Highway
126 is 40 feet wide. These rights of way are adequate to provide the area
necessary for improving these roads to the County's Haat local road
standards.
15. This condition requires the applicant to improve the two access roads to
the County's rural local road standard.
16. The applicant submitted .e copy of the letter from DEQ staying that
approval for additional flow into the existing system has been granted.
Connection to the City of Redmond's sewer system or additional on-site
system construction will be required for the full build -out of the Eagle
Crest resort.
17. The applicant originally submitted a copy of the `Proposed Final Order
for the groundwater permit. Staff found that this was not sufficient to
meet the condition established in the approval. The applicant
subsequently submitted a copy of the Final Order form Oregon Water
Resources Department dated May 26. 2000.
18. The applicant has submitted a copy of a letter from the Oregon Health
Division dated February 15, 2000 stating that the resort's exemption
status for plan review is renewed for 2000. The applicant's letter to OHD
dated Februrary 2, 2000 is also attached. This exemption applies to
phase til, as well as phase it of Eagle Crest.
19. The annexation of the phase !1t area into Rural Fire District No. 1 has
been verified by staff. The annexation was completed under Board of
County Commissioner Order No. 99-166 dated November 10, 1999.
20. This condition requires continuous monitoring of the water storage and
delivery, and fire hydrants. The fire department has indicated that the
minimum fire flow is 1500 GPM versus the 2500 GPM listed by the
Hearings Officer.
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21. The applicant has submitted a Wildlife Mitigation Pian which has been
signed by both the applicant and a representative of the Oreq-�n
Department of Fish and Wildlife. The pian meets the requirements of 3
condition imposed.
22. 'The applicant has signed the memorandum of understanding dE -
October 12, 1999. This document is binding upon the applicant to r t
ODOT's requirements for mitigating the impact of the resort expansior n
State facilities. This includes an agreement to pay a sum of $240,0c, :or
intersection improvements to the Cook Avenue/Highway 20 intersect!
23. The applicant has submitted a noise analysis prepared by a Ncensed
engineer (Kerrie G. Standlee). Staff has reviewed the analysis and
specifically refers to the conclusions on page 5 of the analysis which
states:
'The noise radiating from Deschutes County Mining Site 252 is .currently
in compliance with the DEG noise regulation at all proposed home sites in
the Eagle Crest 3 project area. The noise from the quarry will remain in
compliance with the DEQ noise regulation until a pneumatic rock drill is
located in the northwest comer of the mine site. If mining at Site 252
continues to the point where a rock drill will be used in that portion of the
mine, then Eagle Crest Inc,' can insure the mine site will remain in
compliance with DEQ noise regulation by constructing a 2D -foot high
berm along the boundary of the homes located in the southwest portion of
Phase 6 and the northeastern portion of Phase 8. In lieu of oonstructing a
berm, Eagle Crest Inc. might consider working tip an agreement with the
mine operator that would insure a hydraulic drill was used in the
northwest comer of the mine site if drilling was requited in that area.'
The applicant has not submitted a written agreement as outlined in the
above analysis. it is not dear how much mining will occur on this site and
when it will occur. However, to insure that the development within Eagle
Crest phase Ill complies with the surface mining impact area regulations,
the applicant will be required to construct a 20 -foot high berm along the
boundary of the properties on which the homes in the southwestem
portion of phase 6 and the northeast portion of phase 8, or submit a
written agreement with the mining operator that guarantees that the
equipment used in this area of the mine will not exceed DEQ noise
standards, prior to the platting of any lots in phase 6 or 8 of the project.
24. The applicant has submitted a document entitled 'Affirmation' with
respect to this condition. However. a formal Waiver of Remonstrance will
be drafted by staff which must be recorded prior to the platting of any lots
within phase Ill.
V. CONCLUSION:
The proposed final master plan meets the requirements of Title 18 of the
Deschutes County Code and the Findings and Decision on CU -99-85, subject to
the following conditions of approval.
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Vl. CONDITIONS OF APPROVAL:
1. All conditions of the Conceptual Master Plan approval shall be met and continue
to be met throughout the life of the project, unless approval is granted for any
changes.
2. Site plan and subdivision application and approval shag be required for the
applicable phases of development.
3. Direct access to the main road access road within phase iii shall not be taken
from individual lots.
4. The secondary access road extending from Highway 126 to the Eagle Crest III
project shall be constructed no later than the construction and completion of 25
dwelling units within the project.
5. The main roads within phase' 111 of the project shall include a paved
pedestrian/bike path a minimum of 10 feet wide, including the road connection
between Eagle Crest phases 2 and 3.
6. All roads within the development shall be dearly marked with street signs
meeting fire department regulations for visibility. No roads shall exceed a grade
of 12 percent.
7. Maintenance of all roads within the project shaft be assured through Covenants,
Conditions and Restrictions or other homeowner's association documents.
These shall be recorded with the first phase of development within the project
and shalt be binding upon all phases within Eagle Crest ill.
8. The final plats for each phase shag indude any necessary utility easements.
9. The applicant shall continue to meet all requirements of the State of Oregon
Neatth Division and Oregon Department of Environmental Quality for
construction and use of the community water and sewer systems within the
phase Ill project. The community sewer system within the Eagle Crest resort will
require either conneotlon to the City of Redmond's sewer system, or additional
on-site construction within the resort property.
10. The applicant shall follow the wildlife mitigation as outlined in the plan dated
January 7, 2000. Verification of -compliance with the plan from the Oregon
Department of Fish and Wildlife shall be required two times a year, due on
January I" and July 1" of each calendar year.
11. Ali setback standards under section 18.113.060(0)(2) shall be met by the
development within phase Ill.
12. The open space plan shag be followed as outlined in exhibit no. 9 of the
conceptual master plan. Conformance with the open space plan shall require a
written report to the Planning Division due by the end of each calendar year.
13. A Waiver of Remonstrance Easement shall be signed for the entire phase Ill
expansion property prior to the recording of any first phase of the project.
WWI
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14. At the time of development of the phases identified as Areas 6 and 8 on the
master plan, the applicant. shalt assure compliance with the Surface Mining
Impact Area requirements prior to approval of any tentative plat or site plan for
development in these areas.
This decision becomes final twelve (12) days after the date mailed, unless
appealed by a party of Interest.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Paul 1plikstad, As to Planner
Reviewed by: Kevin M. Harrison, Principal Planner
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